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NEHI CORP. v. MISSION DRY CORP.

Civ. A. No. 1417.

117 F.Supp. 116 (1953)

NEHI CORP. v. MISSION DRY CORP.

United States District Court D. Delaware.

December 9, 1953.

Attorney(s) appearing for the Case

Henry M. Canby (of Richards, Layton & Finger), Wilmington, Del., Raymond A. Walsh, Washington, D. C., and Ellis W. Leavenworth, New York City, for plaintiff.

Morris, Steel, Nichols & Arsht, and William S. Megonigal, Jr., Wilmington, Del., and Albert J. Fihe, Burbank, Cal., for defendant.

LEAHY, Chief Judge.

Plaintiff seeks to cancel defendant's registered trademark for soft drinks and concentrates, "Royal Punch", No. 381,897 in the U. S. Patent Office, dated October 15, 1940. Action is founded on § 21 of the Trademark Act of 19461 and 35 U.S.C. § 146 (formerly R.S. § 4915). The ground for cancellation is likelihood of confusion in view of plaintiff's prior and...

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